The Food Waiver And Indemnification Agreement serves as a critical legal document for Australian food service providers seeking to manage liability risks while maintaining compliance with regulatory requirements. This agreement is essential when providing food services where there are inherent risks that need to be acknowledged by consumers or clients. It includes detailed provisions for food safety compliance, risk acknowledgment, and indemnification obligations, while respecting the non-excludable guarantees under the Australian Consumer Law. The document is particularly valuable for catering services, restaurants, food delivery services, and event organizers operating in Australia who need to establish clear liability boundaries while maintaining their duty of care. It should be customized based on the specific state or territory jurisdiction within Australia and the particular nature of the food service being provided.
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1. Parties: Identifies and defines all parties to the agreement, including the food provider/vendor and the recipient/consumer
2. Background: Explains the context of the agreement, including the nature of food service being provided and general purpose
3. Definitions: Defines key terms used throughout the agreement, including 'Food Items', 'Services', 'Premises', and 'Claims'
4. Acknowledgment of Risks: Details the inherent risks associated with food consumption and handling that the recipient acknowledges
5. Scope of Waiver: Clearly defines what risks and liabilities are being waived, subject to Australian Consumer Law limitations
6. Indemnification: Sets out the indemnification obligations of the parties, including scope and limitations
7. Food Safety Compliance: Confirms compliance with relevant food safety regulations and standards
8. Exceptions and Limitations: Specifies what cannot be waived under Australian law and limits of the indemnification
9. Term and Termination: Specifies the duration of the agreement and circumstances for termination
10. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
1. Special Dietary Requirements: Used when the agreement covers specific dietary restrictions or allergen considerations
2. Event-Specific Provisions: Include when the waiver relates to a specific event rather than ongoing services
3. Transportation and Storage: Add when food transportation or storage is part of the services
4. Third-Party Suppliers: Include when food items may be sourced from third-party suppliers
5. Insurance Requirements: Add when specific insurance coverage is required from either party
6. Emergency Procedures: Include for high-risk situations or large-scale food service operations
1. Schedule A - Food Items and Services: Detailed list of food items and services covered by the agreement
2. Schedule B - Safety Protocols: Specific food handling and safety procedures to be followed
3. Schedule C - Certificates and Licenses: Copies of relevant food handling certificates and business licenses
4. Schedule D - Allergen Declaration: Comprehensive list of allergens and cross-contamination risks
5. Appendix 1 - Incident Report Form: Template for reporting any food-related incidents or issues
6. Appendix 2 - Emergency Contact Information: List of emergency contacts and procedures for food-related emergencies
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